Man sues city of Alton for civil rights violation during K-9 bite arrest

ALTON — A man facing 2016 felony charges of disarming a police officer and aggravated battery of a peace officer during an arrest, which involved his mother striking an APD K-9, now is suing the city.

“I am asking for justice, so people can see what they did to me,” said Aaron E. Crowder, 44, who said he has been living in Miami, Florida, but was in Alton recently.

An attorney who is defending Crowder against his criminal charges filed the civil suit Aug. 24 in the U.S. District Court, Southern District of Illinois in East St. Louis, claiming the Alton Police Department violated his civil and legal rights during the arrest.

In the meantime, Crowder had an appearance scheduled Oct. 2 in Madison County Court on the criminal charges, but a jury trial date was tentatively continued until Oct. 30.

The federal, civil complaint filed by attorney Phillip Baldwin of Scroggins Law Office Ltd. of Granite City, also names Alton police canine officer Pfc. Michael Morelli, and Jeffrey Henderson, a motorist who stopped the vehicle he was driving and assisted in Crowder’s arrest on Aug. 23, 2016. During the arrest, Morelli’s K-9 Jax bit Crowder on his upper thighs, buttocks, knees, arm and ribcage.

The complaint says as a result of the incident, Crowder “lost his business, his girlfriend and has experienced severe mental distress, emotional trauma, discomfort, humiliation, fear, anxiety and embarrassment, among other things.”

It says Morelli and Henderson’s “conduct and actions” were “excessive and unreasonable, was done intentionally, willfully, maliciously with a deliberate indifference and or with a reckless disregard for the natural and probable consequences of their acts,” and unarmed Crowder posed no threat of death or injury to the officer or others.

It further says APD does not adequately “train, supervise or discipline its officers.”

Crowder’s lawsuit contains eight claims: Excessive Force, Denial of Medical Care, Municipal Liability for Constitutional Violations, Assault and Battery, Intentional Infliction of Emotional Distress, Negligence, Respondent Superior Liability of the City of Alton for State Law Violations and Negligent Supervision, Retention and Training.

Crowder’s complaint asks the court for “compensatory and punitive damages and award of costs, interest and attorney’s fees and such other and further relief as this court deems just and proper.” It does not specify a dollar amount and “demands” a jury trial.

Alton Mayor Brant Walker said this week he is aware of the lawsuit but had not read it and declined to comment at that time. Last year, Alton Police Chief Jason “Jake” Simmons declined to discuss the case, saying: “I stand by the officer and what was indicated in the report.”

The city’s attorney in this case, Charles Pierce, of Pierce Law Firm PC of Belleville, filed a response to the claims on Sept. 21, denying the allegations one by one, and claiming: “(The officer) repeatedly commanded Jax to engage the plaintiff as plaintiff was fighting and resisting the police officer’s lawful efforts. Defendants further admit that plaintiff sustained injuries but otherwise deny the remaining allegations contained” in that paragraph.

The city’s answer also says Morelli used reasonable force and was justified in arresting Crowder. “Any conduct alleged to have been committed by the defendants was a result of provocation on the part of the plaintiff;” and, “Morelli’s actions were in self defense in response to the plaintiff’s conduct,” the city’s answer says.

The city asks that the court dismiss the claims with prejudice at plaintiff’s costs, but also demands a jury trial.

Crowder said last year he had been walking from the 700 block of Highland Avenue, where he was living, to his mother’s home several houses away. According to the police incident report, Morelli stopped his police car at Brown Street and Highland when he saw Crowder, believing him to be another man who had an arrest warrant. The officer told him he was wanted on the warrant, but Crowder said he had cleared up his warrant.

A police incident report says Crowder ran to his mother’s house, allegedly disobeying the officer’s commands to lie on the ground. It says Morelli handcuffed Crowder’s right wrist, then Crowder pulled away, with the officer Tasering him twice.

The report — which Crowder says is incorrect and that he did not resist arrest — says Crowder grabbed the Taser gun from the officer and threw it to the ground and continued resisting arrest. A delivery man passing by, Henderson, stopped his vehicle and helped Morelli subdue Crowder. Morelli claimed Crowder bit his finger; Crowder said it was the K-9 Jax who bit Morelli after the officer deployed the dog.

Crowder’s mother Pearl A. Carter, then 77, came out of her house and hit Jax with a thin stick as the dog bit her son. Her family claims police slammed the woman to the ground, causing her dentures to fall out of her mouth and to suffer injuries.

Crowder said last week that his mother still suffers ill effects from the incident. “She is sick, on medicine, lost weight and can’t work,” he said.

Authorities charged Carter with aggravated battery, a felony, and resisting police. Madison County Court records show Carter has a trial set for Oct. 30 in separate proceedings from her son, but the date could change.

Crowder’s lawsuit says he complied with Morelli’s order to put his hands behind his back so he could be handcuffed, and Morelli “applied such excessive force to the handcuff that Plaintiff (Crowder) screamed in pain and begged the officer to loosen the cuff. Officer Morelli responded by tightening the cuff. The cuff was cutting into the Plaintiff’s wrist and the pain was so intense that Plaintiff was unable to think or react in any reasonable manner,” the complaint says.

The lawsuit says Morelli told Crowder to lie on the ground, but “would not allow Plaintiff to comply,” and dragged him to the police car, pushing a button on his belt to deploy Jax. It also alleges the officer punched and kicked Crowder.

“It’s racism, it’s hatred, we all are supposed to help each other out,” said girlfriend and former business partner Tracy Mitchelar. “It shouldn’t matter what race you are, or your nationality, color or sexual orientation. This is about justice and freedom, we are supposed to be free. That’s what the flag stands for.”

Crowder is African-American. He was Mitchelar’s partner in the two-person business, the former Bella’s BBQ on Washington Avenue. Mitchelar said she had to close the restaurant when Crowder was in jail last year for more than two months, losing equipment and inventory. “I didn’t have any help, I had to close,” she said.

While Crowder’s lawsuit says the incident caused him to lose his “girlfriend,” Mitchelar last week identified herself as his girlfriend. Court records show that Mitchelar had orders of protection against Crowder in November 2015 and January 2016, with each expiring several weeks later.